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tv   [untitled]    October 15, 2014 10:30pm-11:01pm PDT

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we have spent, and i am almost frightened to be able to tell you how much time that it took to take the first five through and hearing to be able to get the notices of decision because, of how different it is to get the investigation, and especially if the complaint has come in, and has not given you a on-line hosting listing, and a lot of individuals who are advertising on various on-line platforms including craig's list and all sorts of those out there now. >> and but, it is that they are getting smarter about not putting the pictures of the front of the building on that listing and since there are no addresses, trying to make sure that you have identified the listing with the specific property, that currently follows under chapter 41, which is four units or more for us until this legislation actually, if and when it gets amended is very difficult. and sometimes we are laobing at
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pictures in the sheet and i have had the seven inspectors to the site to try to identify if that is the street. by those pictures. and it is difficult because that is taking away from resources of dealing with main maintenance and other issues that are the coreman date of the housing division and the current structure of chapter 42, does not use the model you have to take a case to a hearing and at that point, make a finding whether or not there is a violation or not, and at the time of the hearing, the
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violation.
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and to the planning commission and they duplicated the file and so some of it we want forward and some of it did not and because there are so many amendments and almost every superviser had one amendment that was propose and we need some time to be able to analyze this, probably we will tell you that the way that it is proposed is that it comes completely out of dbi and goes to planning, and which is in many ways a very good thing because of the impacts that it was having on our ability to do our mandates and however, having said that, there are ways that we can and we can assist, the planning department, with additional training and so when they are doing the investigations if they see the things that we can
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address those are opportunities and until we have a chance to see everything adopted, you know, maybe it may be premature at this particular point and the other thing that i think that you should also consider is that when you have your next joint meeting with the planning commission, some of this goes back to them as well. and so that is just something that you might want to think in your timing. >> and well absolutely, my hope is that in the process of looking at these amendments, and the enforcement efforts of this ordinance, that our department and planning are actually included in it and instead of, you know, the tail waging the dog. i hope ha we can support the experts of being part of the process of evaluating the amendments and the other thing,
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commissioner is that the current ordinance, only is with the two buildings and if this is a much, much larger issue to have to deal with. and so, the departments are going to need some time to be able to get the file version of this, and as i said, there are so many, and it was, it was astounding that the clerk of the court and the acting president at the time that follow all of those amendments i can't think back when there are that many pieces on the floor i would say that january might be a bit early, especially since they are going to have to take some of this stuff back to land use and planning but obviously after that and i mean that we have been very proactive on this legislation, and all along and as part of it forward and so we are continuing to watch that and
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interact with it and the various supervisors and we will continue to do so and the commission for wanting to vet the concerns that you have but it may be a bit early but you may want to wait until the intent is to effect this before. >> exactly, i don't want what happened to happen again and so i think that sooner rather than later, both commissions should review this, and >> so at this point, we can only give you... >> what you have. >> and even though we might not quite understand it yet, because it is, i guess that we will see it all put together. >> so, thank you. >> thank you, and public comment is great. >> and on the director's report, items 4 a through d. >> i notice that there are
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people here for the next hearing, item 8 is a... actually it is a detailed report that the staff did that i actually had went and it was interesting and there is a lot of things that will interest the commissioners. it is not a if it is okay, dan could do this any time key do it at the next meeting and it is kind of a chart that they put together on all of the data that they have been collectth over the last months and laid it out in a nice presentation we can move it to next month, so that we can go forward and close the meeting so we can get on to it if that is okay with the
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commissioners. >> we may be hearing only one or two. >> and if we get back and we take on an hour or so. and i am just toned down and i have no real, and i am trying to be time management sensitive. >> move to continue. >> okay >> so if it is okay, with everybody we will move and table this for the next commission meeting of next month. >> okay. >> do we have a motion to continue that item? >> second. >> commissioner mccray made the motion and commissioner walker seconded is there anying regarding continuing the item? anything none the item is continued. >> we are on the building commission agenda. >> so, are we going to item ten
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or continuing to this? >> item ten. >>commissioner's questions and matters. a. inquiries to staff. at this time, commissioners may make inquiries to staff regarding various documents, policies, practices, and procedures, which are of interest to the commission >> >> there, and there are none? >> commissioner walker? >> well, it is sort of more, b, i am sorry. >> okay. >> and item 10 b, future meetings and agenda. . at this time, the commission may discuss and take action to set the date of a special meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the building inspection commission. >> our next regularly schedule meeting is november 19th. >> okay. >> and so line of two, commissioner walker, and mar? >> commissioner melgar? >> just to reiterate the specifics short term rental legislation, and amendments, and including dbi and planning
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f they will come, also, specifically, the issue o it and if we could hear about the project and plan checks and with respect to that issue and have it on the agenda? >> okay. there was a point raised about the permit fees that we charged for the different, and i would like to do an internal audit and have it back to the commission and maybe it will come to where the fees come out and we will reflect for the past year and whether we adhere
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to the federal guidelines and how closely we adhere to the federal guidelines and the all of the different projects. one of the things brought up was the (inaudible) that the enforcement by the contractors, and could play, in the short term rental, legislation? and enforcement? and specifically it would be great to look at supervisor kim's amendment about the right of the private action, and how the code enforcement contractors could play a role in it and so it would be great to have them in here at the meeting if that is agendaized to be able to get their input,
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and thoughts about what role they could play that would be really great and get them in here too. >> great. >> commissioner mar? >> i have one other agenda item that i would like to report on and it might require work with the mayor's office of housing and because i wanted to report in terms of how many previously public housing or that was under the..., yeah, and it is now, it has been contracted out. and to the non-profits. and management. and what that would do, how that will impact our housing inspection division. so, i would like actually a clear cut list from the mayor's office of housing of all of the previous public housing units that are managed by hud that have not been subcontracted out
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to you know to meet the private sector but still the non-profit private housing managers, and therefore my understanding of how we will deal with that in terms of both housing and even, building inspection. >> are there any public comment on item ten a or b? seeing none, item 11, review and approval of minutes of the regular meeting of july 16, 2014. >> >> the move the approval of the minutes. >> second. >> and a first and a second to approve the minutes. >> any public comment? >> seeing none, are all commissioners in favor? >> aye. >> any opposed? >> okay, the minutes are approved.
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item 12, adjournment. is there a motion to adjourn. >> so moved. >> second. >> so madam secretary, if i may recommend that we adjourn for ten minutes and be back here at 5 past eleven, and i believe that it is ten past eleven and we will get back. and that is recommends a meeting and now adjourned and it is 11 a.m., and we will take approximately, a ten to 15 minute, recess, and come back as the abatement appeals board, thank you. >>
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>> today, is wednesday, october 15, this is the regular meeting of the abatement appeals board, please turn off all electronic devices and the first item on the agenda is roll call. >> vice president melgar? >> here. >> commissioner mccarthy? >> here. >> commissioner mar. >> here. >> commissioner lee? >> here. >> commissioner mccray. >> present. >> and commissioner walker? >> here. >> president clinch is excused. we have a quorum and the next item is item b, the oath. will all parties giving testimony today please stand and raise your right-hand? [oath] pe. >> thank you. >> you may be seated. >> next item is item c. progress report, case number
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6791, complaint no 201463716 regarding 921 central avenue to determine whether the order of abatement shall be further held in abay ens. >> i believe that we get the facts first. >> yes, the staff will present first. we will call you up after the staff. >> chief housing inspector. we don't have that much information for you from the last hearing, except that we did do a on sight inspection and did not find last week because of the holiday week, that any work had initiated on the subject property, we also were contacted from lee, of the mayor's office of housing indicating that they reached out to the property owners and declined their assistance and so they were closing their file on this. and so with that unless the property owner has new revelations for us, we do
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strongly believe that since it has been six months and since the notice of violation was issued in early april that we are going into winter, and we are continue to get complaints from the community, that the order from the hearing officer be upheld. and with that, unless there is any questions? >> thank you. >> if we could now hear from the appellant please? >> and i was here last time, and i had in my mail, information from the mayor's office of housing which i am sure that she did, because i called and i noted... and so thank you. and i did have an appointment with rosa, and she time stamped it and i was down there in person and she time stamped it and i have an appointment next week for somebody to come out
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and assess and what it was assessed already, but they have to reassess it, coming out next tuesday and so talk to me before you make any judgments on me. i also, since this is on record, i might want to and it is humiliating enough as it is, because the neighbors are actually trying to torture me, what she is talking about is something called the protective adult services and was out asking me and contacted me. okay? so i don't know what that is about, but that is already more humiliating and i am not sure who did that or why, or what i need, but, that has to be on the record, also, the other some of the other violations are that i have (inaudible) in front of my house and on the side and the reason that i dent have a fence any more is because the neighbors are illegal parking on the sidewalk for about 25 years. and the police thought it was a joke and toll me it was illegal
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but were not going to do anything about it and so dpt was a big ho haw of all of the corruption of that department, and it is not there and what they did is they would hit my fence and then call the department and say that it is broken, okay? it was not broken until they just started to get pissed off and putting tickets for illegally parking because they didn't want to park in their garage, i didn't want to do that but for a long time i didn't but i did it because my fence was falling apart? okay, and the police would not do anything about it and even in writing they were not going to do anything about it even though there is a code and because everybody parks on the sidewalk in san francisco. and i know that. however, what they did is, they just bashed the fence to pieces when they took pictures of it the inspector carefully didn't take pictures because it was absolutely would show that there was a fence and the reason that there is not a fence any more is because that
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is one of the things that the neighbors were doing and okay? and so i have done what i am supposed to do and it is going to take a while because i also have to get excuse me the grant will probably go through. and but i also need a loan for repairs. the house as you have been told is not in perfect condition and that is not so easy, it will go through, but loans of my kind will take time. so you got to give us the time there and they are aware of that in that department there. >> thank you. >> did you have anything else to say about this? >> i didn't hear about when the
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work is going to be initiated on what it before you and she has had time now to show you that she has initiated a process, with the mayor's office of housing and they have contacted us to tell us that she has denied that assistance. and they are closing their case. so, unless she has got other information in writing, that she has innated that process with them, i think that given the conditions of the exterior of this property, that the order of abatement should be upheld. thank you. >> so, i did communicate with the mayor's office of housing and it is my understanding that this application is in process. i had not heard that it is closed. i do know that this property owner is eligible for a grant and a loan in the loan does take a little bit long and her she is schedule for an inspection which is the first
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step i think before a scope of work is written. so, i would be willing to you know, extend the time so that the mayor's office of housing has some time to go through their process. and i don't believe that this particular property owner has a lot of other options at this point. so i think that it would be a good thing to allow the process that we have set forth as a city to get this to happen. >> yes? commissioner walker? >> so, we originally held abatement and the order of abatement and abeyance for 30 days, and i am probably willing to hold it in abeyance in another 30 days, but, i am, and i am running out of patience
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and my concern is that once we lien the property it will be difficult to get a loan and it is a catch 22 and i just want to see the movement rather than just telling about an appointment. and so, agreed. >> okay. >> and so is that just a question, is that enough time for the mayor's office of housing to work their process if we gave it a 30 day continuance? >> i think that it is enough time for some progress to be made, and in fact, the mayor's office of housing is equipped to deal with it almost immediately on the 24-hour basis and but the first step is inspection, and if they have to move more likely, they can, and commissioner? to the chair, and i guess, that i am kind of and i concur with the commissioner walker and we set ourself up for fail lure
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her again and if there is documentation, and i can't understand that this is just one, that my sense, is that it is, and i can't talk to that. and the fact, and but if that is the case, we could get some form of documentation that it is going the right direction at least, and i think that the commissioner alluded to that, and from their so that we can at least commissioner walker can understand that there is light at the end of the tunnel and as we stand we have no tunnel and we don't know where it is going to end up here. >> we are fwoeg going to follow up with the mayor's office and the communication is dispaired from that and maybe with another perp or whatever and we will attempt to get the copies with the applications and if you would like us to bring that back to us and have the representative from that office to come and answer any questions that we would be more than happy to invite them to do so. >> yeah. either would be fine and it would be interested in see the scope of work because that is what will really determine how long that this is going to take.
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>> absolutely. >> thank you. >> public comment? >> is there any public comment on this item? >> also, prior to leading to make a motion, need to probably hold it in abay ens in the next meeting of november 19th instead of staying the 30 days, okay. >> and commissioner walker. and so, i will make a motion to extend the abeyance until november 19th, yes. >> and at which point, i want to see documentation if i personally will entertain it further continuance. and so, i don't know, i think we have gone over board in
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trying to help this property owner with these violations and this is you know, the serious time that is we need to see the actual movement. so, the motion is to extend 30 days the holding and abeyance in the order after baitment. >> i want to clarify until the next meeting? >> yeah. >> that is the 19th. second. a motion and a second to extend the order of abatement until the next meeting, which is on november 19th? is there any public comment? seeing none, we will do a roll call vote. >> vice president melgar. >> aye. >> commissioner mccarthy? >> aye.
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>> commissioner mar? >> yes. >> commissioner lee? >> yes. >> commissioner mccray? >> yes. >> commissioner walker? >> yes. >> and okay, that motion carries unanimously. item d, continue to appeal abatement case number 6982, 683-28th street, owner of record, josef j. pohl trust. and action requested by appellant and the order should be over turned and the expired permit should be closed. >> good morning, and the violation, here relates to 4 permits, and that have expired and one permit from 2003. and another from 2002.
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and 2 others then from 1992, and then 1989. and now the order of abatement, was issued as a result of the director's hearing. and that order was issued on march third, of the year. and today's we have not seen, and to renew these permits. and based on that, and that concludes our reports. >> the commissioner and his son and her in support here. and following that presentation, by the building department, and i am reminded that the bieb cal saying that there are no one as so blind as
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those who will not see the application, package that was presented to the board today td lawsuit documents that they have been abaited and all of the permit haves been satisfied and that all of the work has been completed how the city can say three types that you are still in violation, is amazing to me i don't understand, how this is happening. and it is certainly very frustrating and frankly that i think that it looks very bad for the building department to continue along, i would like to make a complete record and in case it is necessary, and i am confident, that it will not be
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after, you and that first of all that the building architect has submitted a declaration under oath and that is in our original documentation. where it said that all of the work is completed and i have not used it though. and it was a declaratio in and it says that paragraph number two and he lists the four notices of violation that are now before the board. and before they even the board here. and he says, and we can confirm with the other court documents that all of the four violations, that are now before, this board, and we are subject of the underlying litigation and he said, so under penalty of perjury. and if i may, turn to the next page. and he also says that

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